Asphalt Company Disputes EPA's Calculation of Permit Violation 'Penalty Days' After Failed Emissions Test

10th District Court of Appeals (Franklin County)

ISSUE: When an air quality test required by state and federal EPA regulations shows that emissions from an industrial facility contain a higher level of pollutants than allowed by the operator's permit, does that failed test create a rebuttable presumption that the facility remains noncompliant with its permit, and subject to penalties for non-compliance, until the operator demonstrates that the facility has been brought into compliance?